Objection 101
What is the term for when you wish to point out a rule violation by opposing counsel
"Objection"
During direct examination:
"And then I heard Robert say he was going to rob the bank that weekend"
Objection: Hearsay
"So you saw someone run a stoplight?"
"Just to be clear, they did run the stoplight?"
Objection: Asked & Answered
The rule number for Relevance
The rule number for party opponent
801 (d)(2)
Who makes a decision as to whether an objection is sustained or overruled?
The Judge
"Sarah was so angry after that big fight with her sister"
Objection: Speculation
"Did you hear and see them in the room? What did they do next?"
Objection: Compound Question
The rule number for the hearsay definition
801
The rule number for character evidence - prior crimes, wrongs, or acts
404 (b)
What does the Judge say when he agrees with the objection?
Sustained
A doctor testifying
"The defendant was improperly wielding the firearm, that's why the bullet was deflected sideways"
Objection: Improper Opinion
"Did you stop at the stop sign on 5th and Main?"
-no-
"So, to be clear, you ran the stop sign?"
404
The rule number for excited utterance
803 (2)
Which objection should you avoid making unless you are VERY confident you can win?
Relevance
When a witness mentions a topic that has not been brought up in trial yet without context
Objection: Lack of Foundation
On Direct
"You couldn't see clearly that night, could you?"
Objection: Leading
The rule number for the hearsay exceptions (declarant availability immaterial)
803
The rule number for more prejudicial than probative
403
What is the term for explaining a piece of evidence that did not get into trial, often due to an objection
Proffer (Offer of Proof)
Objection: Narrative
On Cross
"And that's why you decided to murder the victim! Isn't that correct?"
Objection: Argumentative
The rule number for opinion on the ultimate issue
704
The rule number for attacking witness credibility due to truthfulness
608 (a)